Justices grant transfer to insurance, will disputes

December 23, 2014

The Indiana Supreme Court will hear the insurance dispute involving a landlord and tenant that divided the Court of Appeals earlier this year.

A trial court ruled Erie Insurance Exchange, the tenant’s insurance company, did not owe the building owner a defense or indemnity in the underlying litigation. Erie had filed a subrogation lawsuit against Rangeline LLC after pipes in a warehouse sprinkler system burst.

But a divided appeals court reversed, finding a significant connection between the accident and the leased premises.

The case is Selective Insurance Company of South Carolina and 500 Rangeline Road, LLC v. Erie Insurace Exchange, Welch & Wilson Properties, LLC d/b/a Hammons Storage, Allianz Global Risks U.S. Insurance Company, 73S01-1412-PL-750.

The justices will also hear the case of David J. Markey v. Estate of Frances S. Markey, Deceased; Stephen L. Routson, Personal Representative under the Last Will and Testament of Frances S. Markey, Deceased; Stephen L. Routson, et al., 89S05-1412-ES-749, in which the COA held the son who challenged his stepmother’s decision to revoke the will she made with his father had to bring his challenge within three months of the will being admitted to probate, not nine months as he had claimed.

The high court also took Mark Rolley v. Melissa Rolley, 87S01-1412-DR-739, in which it agreed with the Court of Appeals analysis and opinion of the case and resolved a conflict in precedent in caselaw regarding child support.

The justices declined transfer to 18 other cases for the week ending Dec. 19.



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